Introduction With the Supreme Court’s ruling in NCB v. Kashif (2024), the defense can no longer secure bail merely by pointing out that the police delayed the Section 52A application. The Court has clearly stated that procedural irregularities do not vitiate the trial unless “serious prejudice” is caused to the …
Introduction For the past few years, defense counsels in NDPS cases have relied heavily on the argument that delayed compliance with Section 52A (drawing of samples before a Magistrate) is fatal to the prosecution’s case. Reliance was often placed on judgments like Union of India v. Mohanlal (2016) to argue …
Introduction When bail on merits seems impossible due to commercial quantity, Default Bail (Statutory Bail) under Section 167(2) CrPC often becomes the only route to freedom. The Timeline Under the NDPS Act (Section 36A), the police/agency has 180 days to file the Charge Sheet (Challan) for serious offences (Commercial Quantity/Sec …
Introduction For decades, the prosecution’s strongest weapon in NDPS cases was the “Voluntary Statement” recorded under Section 67. Officers of the NCB or DRI would record a confession from the accused, often while in custody, and use it as the primary basis for conviction. The Tofan Singh Verdict (2021) In …
Introduction When a vehicle is used to transport contraband, it is seized by the police. Clients are often desperate to get their vehicle released (Interim Custody/Superdari) to prevent it from rusting at the police station. The Conflict: Section 60 vs. Section 451 CrPC Some lower courts reject vehicle release applications …
Introduction The integrity of the chemical analysis report depends entirely on how the sample was drawn. If the sample sent to the lab is not a true representative of the seized bulk, the entire case collapses. The “Seizing Officer” Mistake Historically, police officers would draw samples at the spot of …
Introduction One of the most technical grounds for acquittal in NDPS trials is the confusion between Section 42 and Section 43. Prosecution cases often fail because the officer followed the wrong procedure for the wrong location. The Distinction The “Public Place” Trap Is a private car parked on a public …
Introduction In criminal law, possession is nine-tenths of the law, but under the NDPS Act, possession must be “conscious.” A frequent defense in cases involving vehicles or shared rooms is that the accused was unaware of the contraband’s presence. Physical vs. Conscious Possession Courts have repeatedly held that mere physical …
Introduction In ordinary criminal law, the principle is “Bail is the rule, Jail is the exception.” However, under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS), this rule is effectively reversed for serious offences. The legislature, intending to curb the drug menace, inserted Section 37, which places a heavy …
Introduction One of the most contentious issues in the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) has been the determination of “Small” versus “Commercial” quantity. This distinction is a matter of life and liberty, as “Commercial Quantity” triggers the strict bail conditions of Section 37, often resulting in years …